DOCKET NUMBER: ART 11773-K & ART 11774-K
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ART 11773-K
: ART 11774-K
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: KS 000224-OM
EMILIE CREA PETITIONER : KS 000582-OM
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ORDER AND OPINION TERMINATING TENANT'S PETITION FOR ADMINISTRATIVE REVIEW
On July 14, 1986, the above named petitioner tenant filed petitions for
Administrative Review against an orders issued on June 10, 1986, by the
Administrator at Gertz Plaza, Jamaica, New York, concerning the housing
accommodations known as 2064 Cropsey Avenue Brooklyn, New York, Apartment
6G, wherein the Administrator authorized the increase of 6.48% and 5.34%
predicated upon the installation of major capital improvement authorized
statutory 6% yearly limitation that the cumulative MCI rent increases were
excessive and that as there no authorization clause in the tenant's lease,
the owner was not entitled to raise the tenant's rent for revising and
windows.
After careful consideration the Commissioner is of the opinion that the
petition should be terminated as moot.
Division records establish accords that on November 17, 1986 the
Commissioner issued an order determining the Administrative appeals filed
by various tenants appealing Administrator's orders under Docket Numbers
KS 000224-OM and KS 0000589-OM.
Therein the commissioner determined that the owner had complied with the
requirements of the law and obtained all the necessary governmental
approvals. The order stated that the adequate rewiring of the building
and the installation of the new replacement windows on a complex- basis
constituted major capital improvements as contemplated by the Rent
Stabilization Law a Code and that rent increase were warranted for such
improvements.
Concerning the tenant's claim that was provided notice of the owner's
application, the Commissioner stated that the Administrator's orders
proceeded a violation that unless the tenant's then current lease
contained an authorization for the earlier collection specific MCI rent
increases said increases were not collectible with the expiration of the
lease term. The Commissioner also noticed that the collectibility of MCI
rent increase during the Administrator's orders but constituted a separate
matter for resolution.
Concerning the 6% annual limitation for the e collection of permanent and
temporary increase, the Commissioner remanded the proceedings to the
Administrator for consolidate with the Docket No. KS 000582-OM and
recondition of the collectibility of the allowable increase subject to
DOCKET NUMBER: ART 11773-K & ART 11774-K
the 6% statutory limitation.
On remand, in an order under DRO Docket No. AK 210018-RP, the
Administrator in pertinent let stand the rent increases under DRO Docket
No. KS 000582-OM as follows.
Permanent Rent Increase
Year Date of Effectuation Percentage Per Apt. per mo.
1 May 1, 1986 6.00
2 May 1, 1987 .48 of 1%
Temporary Rent Increase to Terminate on April 30, 1987
Year Date of Effectuation Percentage Per apt., per mo.
1 May 1, 1986 4.32 for 12 months
To limit the collection of total MCI increase to no more than the 6%
statutory limitation is only one year, the Administrator recomputed the
MCI rent increase granted under DRO Docket No. KS 000224-OM taking into
consideration, the permanent and retroactive amounts under DRO Docket No.
KS 000582-Om, as follows:
Permanent Rent Increase
Year Date of Effectuation Percentage (Per Apt., Per Mon)
1 May 1, 1987 5.34 " " " "
Temporary Rent Increase to Terminate on 4/30/89
Year Date of Effectuation Percentage (Per Apt., Per Mon.)
1 January 1, 1987 1.68 for 04 Months
2 May 1, 1987 6.00 for 12 Months
3 May 1, 1987 .12 for 12 Months
The owner is advised to conform the collection of MCI rent increase for
the subject tenant to comply with this above notice limitation if not
already done so, and is cautioned failure to do so may result in an
overcharge determination.
With regard to the claim that the Administrator's specify the date of the
rent roll submitted to the Administrator precluded accurate computation of
the dollar amount of the rent increase, the Commissioner notes that item
(of page 3 of the Administrator's order Docket No. KS 000582-OM
specifically notes that the Administrator utilized the annual gross rents
on May 5, 1985 to compute this rental.
THEREFORE, in accordance with the Rent Stabilization Law and Code, the
Emergency Tenant Protection Act of 1974 and Chapter 403 of the Laws of 198
as amended by chapter 102 of the Laws of 1984.
ORDERED, that these petitions be and the same hereby is amended as moot as
provided above.
DOCKET NUMBER: ART 11773-K & ART 11774-K
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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